You CAN kill a burglar

A householder's right to attack or even kill an intruder has been officially sanctioned by the Government.

People were told they could even use a knife or a gun if it was instinctive and involved only "reasonable force".

But if they were to chase the intruder down the street they could only rugby-tackle him or land a single blow. Any greater force would leave them open to prosecution.

New guidelines were issued to 'clarify' the law after a series of highprofile cases left the public confused over how far they can go to defend themselves and their property.

But the move backfired spectacularly on the Government when critics highlighted glaring contradictions.

Backtracked

Both the Prime Minister and Home Secretary insisted that the law was now clear although the Tories said further legislation was needed for householders to be fully protected. The row even embraced new Metropolitan Police Commissioner Sir Ian Blair, who appeared to backtrack under political pressure after saying he thought the law should be changed.

In the morning, Sir Ian expressed unhappiness with the current law's provision that householders must use only "reasonable force". He said: "I think reasonableness is a very tricky concept at four in the morning in your kitchen".

Tories want a law protecting householders from prosecution unless they use "grossly disproportionate" force. Sir Ian said: "I like the phrase because it really does make the intruder feel at risk".

But within hours, after Sir Ian met Home Secretary Charles Clarke, Downing Street announced that the police chief had changed his mind. Sir Ian said later he had since read the new guidelines and agreed with the phrase they use, that only 'excessive and gratuitous force' would trigger a prosecution.

Mr Clarke asked the Association of Chief Police Officers and the Crown Prosecution Service to draw up the guidelines rather than opting to change the law. The issue was highlighted by former-Scotland Yard chief Sir John Stevens after the stabbing of financier John Monckton by burglars in Chelsea, West London.

'In the heat of the moment'

Now 100,000 copies of a leaflet - Householders and The Use Of Force Against Intruders - are to be distributed through libraries, citizens advice bureaux and the Internet, though not, curiously, to people's homes.

It tells householders: "You are not expected to make fine judgments over the level of force you use in the heat of the moment.

"So long as you only do what you honestly and instinctively believe is necessary, that would be the strongest evidence of you acting lawfully and in self-defence." The leaflet adds that the more extreme the circumstances and the more frightened the householder, the more force he could lawfully use.

Confusingly, it warns they could still face the courts for using "excessive and gratuitous force" if they knock someone unconscious but continue to attack them or set a trap to hurt or kill intruders rather than involving the police.

Householders are told they can chase and hit a burglar with a "single blow" or rugby-tackle him if he escapes with their property.

'We don't need to be too squeamish'

But the leaflet does not spell out whether the householder is allowed to land further blows if the burglar hits back. And it warns that acting out of "malice and revenge" is also considered unacceptable.

The Director of Public Prosecutions, Ken Macdonald, emphasised that it was "extremely rare" for those who fight back against burglars to be taken to court.

Prosecutors could find just 11 examples over the past 15 years and only five had been convicted.

He added: "There have been examples of householders not being prosecuted after intruders had been fatally stabbed or shot, or hit over the head with bats or metal bars. This is something the intruder brings on him or herself. I don't think we need to be too squeamish."

Mr Macdonald, who has been burgled a number of times, said that if he had caught an intruder he would have used force. He said: "I would have thought of my children, I would have thought the best thing I can do is incapacitate the man."

Tony Blair said of the guidelines: "Don't be in any doubt - you are entitled to defend yourself. Only in the most extreme circumstances is anyone going to get prosecuted for attacking or killing a burglar."

But Tory MP Patrick Mercer - whose Householder Protection Bill has its second reading on Friday - said: "This will do nothing to redress the law in favour of the victim and away from the criminal."

Norman Brennan, of the Victims of Crime Trust, said: "The public don't want pieces of paper telling them what they can do. They want police officers with full powers to prevent burglaries and arrest burglars."